Evidence Record

Notice of Emergency Hearing

PLEASE TAKE NOTICE that Defendants' Cyberlux Corporation and Mark D. Schmidt ("Cyberlux" or "Defendants") Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order has been...

Type
notice
Pages
4
Lines
223
SHA-256
1f0f2d8f12b9

DISTIL analysis

DISTIL Run
Profile
Standard
Version
1
Doc Type
Legal Notice - Emergency Hearing
Total Nodes
27
Node Legend
Entity (ENT)
Event (EVT)
Claim (CLM)
Anchor (ANC)
Omission (OMI)
Tension (TEN)
Tell (TEL)
Inference (INF)
Hypothesis (HYP)
Stage 1
Index
Orientation · No nodes
Document Classification
Legal Notice - Emergency Hearing Defense Counsel (Thompson Coburn LLP) Commercial Litigation - Post-Judgment Collection 2025-06-06 to 2025-06-09
emergency_hearingreceiver_disputeturnover_order_challenge
Analytical Frame
Procedural Emergency Motion Filing
Analytical Summary
This is a Notice of Emergency Hearing filed by defense counsel for Cyberlux Corporation and Mark D. Schmidt in a post-judgment collection matter. The defendants seek an emergency hearing on June 9, 2025, to address two motions: one to correct an order appointing a receiver, and another to stay or suspend enforcement of a turnover order. The case involves judgment creditors Atlantic Wave Holdings, LLC and Secure Community, LLC pursuing collection remedies against the defendants. The notice provides remote Zoom hearing access information and demonstrates active resistance to receiver appointment and asset turnover enforcement mechanisms.
Key Points
  • Emergency hearing scheduled for June 9, 2025 at 8:30 AM via Zoom before Administrative Judge L. Payne
  • Defendants challenging both receiver appointment order and turnover order enforcement
  • Case involves post-judgment collection efforts by Atlantic Wave Holdings and Secure Community against Cyberlux Corporation and Mark D. Schmidt
  • Filed in 129th Judicial District Court, Harris County, Texas (Cause No. 2024-48085)
  • Notice served electronically to extensive counsel list on June 6, 2025
Stage 2
Core — Entities, Events, Claims
14 nodes
ENT-001
Entity
Cyberlux Corporation
Cyberlux Corporation, defendant and judgment debtor in collection litigation
Page 1 — CYBERLUX CORPORATION
ENT-002
Entity
Mark D. Schmidt
Mark D. Schmidt, individual defendant and judgment debtor
Page 1 — MARK D. SCHMIDT, Individually
ENT-003
Entity
Atlantic Wave Holdings, LLC
Atlantic Wave Holdings, LLC, plaintiff and judgment creditor
Page 1 — ATLANTIC WAVE HOLDINGS, LLC
ENT-004
Entity
Secure Community, LLC
Secure Community, LLC, plaintiff and judgment creditor
Page 1 — SECURE COMMUNITY, LLC
ENT-005
Entity
Thompson Coburn LLP
Thompson Coburn LLP, law firm representing defendants Cyberlux Corporation and Mark D. Schmidt
Page 2 — THOMPSON COBURN LLP 2100 Ross Avenue, Suite 3200 Dallas, Texas 75201
ENT-006
Entity
Douglas S. Lang
Douglas S. Lang, attorney for defendants, State Bar No. 11895500
Page 2 — Douglas S. Lang State Bar No. 11895500
ENT-007
Entity
Alexander J. Pennetti
Alexander J. Pennetti, attorney for defendants, State Bar No. 24110208
Page 2 — Alexander J. Pennetti State Bar No. 24110208
ENT-008
Entity
129th Judicial District Court
129th Judicial District Court of Harris County, Texas, presiding court for this case
Page 1 — 129TH JUDICIAL DISTRICT
ENT-009
Entity
Administrative Judge L. Payne
Administrative Judge L. Payne, presiding judge for the emergency hearing
Page 1 — before the 55th with the Administrative Judge L. Payne., Court of Harris County, Texas
EVT-001
Event
Emergency Hearing Scheduled
Emergency hearing scheduled for Monday, June 9, 2025 at 8:30 a.m. via Zoom to address defendants' motions to correct receiver order and stay/suspend turnover order enforcement
Page 1 — has been set for remote hearing on Monday, June 9, 2025 at 8:30 a.m., to take place via Zoom, before the 55th with the Administrative Judge L. Payne., Court of Harris County, Texas
EVT-002
Event
Notice Filing
Notice of Emergency Hearing filed on June 6, 2025 at 5:53 PM by defense counsel
Page 1 — Filed: 6/6/2025 5:53 PM
EVT-003
Event
Electronic Service Completion
Electronic service of notice completed to all counsel of record on June 6, 2025 at 5:53:19 PM via the e-filing system
Page 2, 3 — I certify that on June 6, 2025, I had this document served on all counsel of record via electronic service.
CLM-001
Claim
Receiver Order Requires Correction
Defendants assert that the Order Appointing Receiver requires correction through emergency motion
Page 1 — Emergency Motion to Correct Order Appointing Receiver
CLM-002
Claim
Turnover Order Enforcement Should Be Stayed
Defendants seek to stay or suspend enforcement of the Turnover Order through emergency motion
Page 1 — Emergency Motion to Stay or Suspend Enforcement of Turnover Order
Stage 3
In Situ — Quotations, Tells, Tensions, Questions
6 nodes
QUO-001
Quotation
Emergency Motion Notice Language
Formal notice language announcing the emergency hearing on defendants' motions
Page 1 — PLEASE TAKE NOTICE that Defendants' Cyberlux Corporation and Mark D. Schmidt ("Cyberlux" or "Defendants") Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order has been set for remote hearing on Monday, June 9, 2025 at 8:30 a.m., to take place via Zoom
TEN-001
Tension
Judgment Creditor-Debtor Enforcement Dispute
Fundamental adversarial tension between judgment creditors seeking enforcement through receiver and turnover mechanisms versus judgment debtors seeking to correct or suspend those enforcement orders
Page 1 — Plaintiffs/Judgment-Creditors... V.... Defendants/Judgment Debtors... Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order
TEN-002
Tension
Urgency vs. Procedural Regularity
Procedural tension between defendants' characterization of matters as requiring emergency hearing versus normal motion practice timelines
Page 1 — Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order has been set for remote hearing on Monday, June 9, 2025
QST-001
Question
Nature of Receiver Order Defects
What specific defects or errors in the Order Appointing Receiver form the basis for defendants' motion to correct?
Page 1 — Emergency Motion to Correct Order Appointing Receiver
QST-002
Question
Grounds for Turnover Stay
What legal or factual grounds support the request to stay or suspend enforcement of the turnover order?
Page 1 — Emergency Motion to Stay or Suspend Enforcement of Turnover Order
QST-003
Question
Underlying Judgment Amount and Basis
What is the nature and amount of the underlying judgment that Atlantic Wave Holdings and Secure Community are seeking to enforce?
Page 1 — Plaintiffs/Judgment-Creditors... Defendants/Judgment Debtors
Stage 4
Interpretive — Inferences, Omissions, Patterns
7 nodes
INF-001
Inference
Active Resistance to Collection
The dual emergency motions suggest defendants are actively resisting post-judgment collection efforts through both substantive and procedural challenges to enforcement mechanisms
Page 1 — Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order
INF-002
Inference
Judgment Already Exists
The designation of parties as judgment-creditors and judgment-debtors indicates that litigation has proceeded through trial or summary judgment with a final judgment already entered in favor of plaintiffs
Page 1 — Plaintiffs/Judgment-Creditors... Defendants/Judgment Debtors
INF-003
Inference
Receiver and Turnover Orders Recently Issued
The emergency nature of the hearing scheduled only three days after filing suggests the receiver appointment and turnover order were very recently issued, creating urgency for defendants
Page 1 — has been set for remote hearing on Monday, June 9, 2025 at 8:30 a.m.... Filed: 6/6/2025 5:53 PM
INF-004
Inference
Substantial Judgment Amount Likely
The deployment of both receiver and turnover mechanisms suggests the judgment amount is substantial enough to warrant aggressive collection efforts by creditors
Page 1 — Order Appointing Receiver and... Enforcement of Turnover Order
OMI-001
Omission
No Receiver Identity Disclosed
The notice does not identify who was appointed as receiver or provide details about the scope of the receivership
Page 1 — Emergency Motion to Correct Order Appointing Receiver
OMI-002
Omission
No Turnover Scope Specified
The notice does not specify what assets or property are subject to the turnover order being challenged
Page 1 — Emergency Motion to Stay or Suspend Enforcement of Turnover Order
OMI-003
Omission
No Judgment Amount Disclosed
The notice provides no information about the underlying judgment amount, nature of claims, or when judgment was entered
Page 1 — Plaintiffs/Judgment-Creditors... V.... Defendants/Judgment Debtors

Extracted text

4 pages · 5196 characters

Notice of Emergency Hearing — Formatted Extract

Type: notice
Filing Header

ATLANTIC WAVE HOLDINGS, LLC

§ IN THE DISTRICT COURT OF

And SECURE COMMUNITY, LLC

§

Plaintiffs/Judgment-Creditors

§

§

§

V.

g HARRIS COUNTY, TEXAS

§

CYBERLUX CORPORATION

§

MARK D. SCHMIDT, Individually,

§

§

Defendants/Judgment Debtors.

§ 129TH JUDICIAL DISTRICT

NOTICE OF EMERGENCY HEARING

PLEASE TAKE NOTICE that Defendants' Cyberlux Corporation and Mark D. Schmidt ("Cyberlux" or "Defendants") Emergency Motion to Correct Order Appointing Receiver and Emergency Motion to Stay or Suspend Enforcement of Turnover Order has been set for remote hearing on Monday, June 9, 2025 at 8:30 a.m., to take place via Zoom, before the 55th with the Administrative Judge L. Payne., Court of Harris County, Texas.

The participant information is as follows:

https://justex.zoom.us/7/360123286

Dial by your location +1 346 248 7799 US (Houston)

Meeting ID: 360 123 286

(signature page follows)

Jnofficial Copiao con of ataj ye BergossDistrict Cler

Unofficial Copy Office &af. Marilyn BultjessoDistrict Clerk

Respectfully submitted,

/s/ Alexander J. Pennetti Douglas S. Lang State Bar No. 11895500 Alexander J. Pennetti State Bar No. 24110208

THOMPSON COBURN LLP 2100 Ross Avenue, Suite 3200 Dallas, Texas 75201 Tel Phone: (972) 629-7100 Fax: (972) 629-7171 dlang@thompsoncoburn.com apennetti@thompsoncoburn.com

Attorneys for Defendants Cyberlux Corporation and Mark D. Schmidt

CERTIFICATE OF SERVICE

I certify that on June 6, 2025, I had this document served on all counsel of record via electronic service.

/s/ Alexander J. Pennetti Alex Pennetti

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Lena Brasher on behalf of Alex Pennetti Bar No. 24110208 lbrasher@thompsoncoburn.com Envelope ID: 101743796 Filing Code Description: Motion (No Fee) Filing Description: 20250606 Cyberluxs Motion to Stay or Suspend Enforcement of Turnover Order Status as of 6/9/2025 7:55 AM CST

Case Contacts

Name

BarNumber

Email

TimestampSubmitted

Status

David A.Walton

dwalton@bellnunnally.com

6/6/2025 5:53:19 PM

SENT

LaDonna Arey

LArey@bellnunnally.com

6/6/2025 5:53:19 PM

SENT

Sandra Meiners

smeiners@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Travis Vargo

tvargo@vargolawfirm.com

6/6/2025 5:53:19 PM

SENT

Laurie DeBardeleben

Idebardeleben@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Roxanna Lock

rlock@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Shawn Grady

shawn@gradycollectionlaw.com

6/6/2025 5:53:19 PM

SENT

Shawn Grady

shawn@gradycollectionlaw.com

6/6/2025 5:53:19 PM

SENT

Jeff Brown

jbrown@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Records Department

Records@bellnunnally.com

6/6/2025 5:53:19 PM

SENT

Micah Jackson

mjackson@berlethlaw.com

6/6/2025 5:53:19 PM

SENT

Sheli Davis

sdavis@berlethlaw.com

6/6/2025 5:53:19 PM

SENT

Paula Gentry

pgentry@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Lena Brasher

lbrasher@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Frankie Huff

fhuff@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Tristian Harris

tharris@berlethlaw.com

6/6/2025 5:53:19 PM

SENT

Corinne Martin

cmartin@berlethlaw.com

6/6/2025 5:53:19 PM

SENT

Hannah Fischer

hfischer@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Hannah Petrea

hpetrea@bellnunnally.com

6/6/2025 5:53:19 PM

SENT

Michael Poynter

mpoynter@vargolawfirm.com

6/6/2025 5:53:19 PM

SENT

Bernadette Martin

bernadette@gradycollectionlaw.com

6/6/2025 5:53:19 PM

SENT

Bernadette Martin

bernadette@gradycollectionlaw.com

6/6/2025 5:53:19 PM

SENT

Automated Certificate of eService

This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Lena Brasher on behalf of Alex Pennetti Bar No. 24110208 lbrasher@thompsoncoburn.com Envelope ID: 101743796 Filing Code Description: Motion (No Fee) Filing Description: 20250606 Cyberluxs Motion to Stay or Suspend Enforcement of Turnover Order Status as of 6/9/2025 7:55 AM CST

Case Contacts

Bernadette Martin

bernadette@gradycollectionlaw.com

6/6/2025 5:53:19 PM

SENT

Alex Pennetti

apennetti@thompsoncoburn.com tomtom District e

6/6/2025 5:53:19 PM

SENT

Douglas S.Lang

dlang@thompsoncoburn.com At

6/6/2025 5:53:19 PM

SENT

Katharine Clark

kclark@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Edward W.Gray, Jr.

EGray@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Jocelin A.Tapia

jtapia@thompsoncoburn.com

6/6/2025 5:53:19 PM

SENT

Greg Nieman

gnieman@bellnunnally.com

6/6/2025 5:53:19 PM

SENT

Jemisha Gandhi

jgandhi@bellnunnally.com Jnofficial Copy Oftheboston

6/6/2025 5:53:19 PM

SENT

David M.Keithly

dkeithly@mortensontaggart.com

6/6/2025 5:53:19 PM

SENT

Original source file

No source file is attached yet. The record is ready for the PDF/media link when the attachment importer is connected.
File
aw-harris-awh-2024-48085-doc-120966322.pdf
Source UID
source:1f0f2d8f12b9f586cc8bde5b5f08fe35399c89c0ea468f0ddfe7260eb0f05603
Full SHA-256
1f0f2d8f12b9f586cc8bde5b5f08fe35399c89c0ea468f0ddfe7260eb0f05603